Credibility Evidence

Generally, specific evidence supporting the credibility of the complaining witness is not admissible except to rebut other specific testimony.

Generally, the following credibility evidence is admissible in trial:

State

1) Symptoms that are exhibited by child abuse victims and whether or not the child in question exhibits those symptoms

2) Physical evidence and whether such evidence is consistent or inconsistent with the child’s allegations

3) Testimony in general about the ability of a class of persons recognized by society as being impaired, such as young children or the mentally retarded, to distinguish reality from fantasy and to perceive, remember, and relate the kinds of events at issue in the case.

Defense

4) Testimony that the child has a general character for making untruthful or dishonest statements

5) Testimony that the child has a general character for fantasizing or is the kind of person that is susceptible to manipulation; testimony that the child has difficulty distinguishing between fantasy and reality

6) Testimony that a child suffers from a mental handicap, mental disorder, the influence of a chemical substance, or some other physical or mental impairment coupled with testimony about adverse effects that such impairments may have on perception and/or memory

7) Testimony that 3rd parties committed acts designed to manipulate the child into making certain allegations.

For a free initial consultation with a Houston sex crime defense attorney, call the Law Office of David A. Breston at 888-220-4040 or contact us online.